No smoking
Smoke free workplace rules are in effect in England. Many businesses have received government guidance but need specialist advice on difficult premises issues including:
- what to do about common parts of residential buildings
- who is responsible for implementation in branch offices
- which company cars are covered by the ban and which are not
The penalty is a criminal conviction and a fine of up to £2,500 for those who breach the new law. Those concerned with the management of premises (a rather wide description!) are likely to suffer the penalty.
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It is now a criminal offence to:
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smoke in the workplace
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fail to put up signs stating that smoking is against the law
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fail to prevent smoking either in the workplace or in company vehicles, including some cars that you might think were more for personal use than business |
The sanction will be fixed penalty notices mostly but those occupying or concerned in the control or management of premises can be fined up to £2,500 and have a criminal conviction if they get this wrong. Your Local Authority will be responsible for enforcing the new legislation and carrying out building checks. Even if your building has always been smoke free the new signage rules and the criminal penalty for getting this wrong mean that you should get professional advice on this now.
Be prepared
We are offering all our key clients a briefing meeting with key materials in order to answer the difficult questions on the workplace smoking ban. You have probably received a government notice with signage but ‘no answers’ to the following questions:
- Can we alter or brand no smoking signage?
- Can we put the smaller sign at the customer entrance and the larger one on the staff entrance?
- What happens if staff smoke outside our premises on the street?
- To which company cars, vehicles, vans, etc does this apply?
- Who has to make sure that there is no smoking in a company car?
- Does this extend to private cars used for work?
- Am I obliged to give my staff an external smoking area?
- Can we now ban smoking breaks?
- Is it ok to let our clients smoke in our premises?
- What instructions do I need to give my staff to make sure we do not get prosecuted?
- Should I sack staff who smoke in the workplace or company cars?
If you would like the answers to these questions and some useful staff management tips as well as a no smoking policy, we would be happy to help you. We have devised a ‘no smoking product’ which for £500 +VAT includes:
- visiting you in person and your premises to understand the issues you face (if in London)
- giving guidance to those responsible for managing your premises
- providing training packs for personnel that are likely to have to ask either customers or staff to refrain from smoking (e.g. at an office party)
- creating a no smoking policy for your organisation for inclusion in your employment handbook
Contact Carolyn Brown as soon as possible if you are interested in this service so that we can make sure you know the right facts.